Is this Obama-nation

Oh my here it goes.  A marine is about to be discharged from the service for giving his opinion of Obama.  What’s that you say, “Oops be sure you don’t say anything about Obama.”  I guess we will have to arrest comedians, many thousands of people on the internet.  Every President that has been in office has suffered those same ridicules, even to the point of cartoons about them, but the buck stops here I guess. 

This to me is extremely disturbing.  This report comes from the US News on MSNBC.com:  (“Last month, a three-member military panel recommended that he (Stein) be booted from the Marine Corps. On Wednesday, Brig. Gen. Daniel Yoo accepted their recommendation that Stein be dismissed for violating military law.

Stein said he repeatedly told Marine Corps officials he would shut down the Facebook page and not speak with the press if they allowed him to complete his contract, which ends in three months, but they refused.  

“I think they’re trying to use me as an example,” Stein said. “Senior officers don’t want to hear, ‘You were the person who let this Gary Stein situation get out of hand. I think there might have been peer pressure among the senior enlisted.”

Maj. Michael Armistead, a Marine Corps spokesman at Camp Pendleton, could not confirm whether this negotiation took place.

Stein, an Arizona native, has been a Marine for nine years and was deployed to Iraq from 2005 to 2006. Although he regrets his post, he still believes his online activity should be protected by the First Amendment of the Constitution. Still, he said he would caution other service members to think before posting their opinions.”)

I agree he should be protected by the First Amendment of the Constitution, which states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The following statements are from the Cornell Law University.

(Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.

The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The Supreme Court has expressly recognized that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. This implicit right is limited to the right to associate for First Amendment purposes. It does not include a right of social association. The government may prohibit people from knowingly associating in groups that engage and promote illegal activities. The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual’s current or past membership in a particular group. There are exceptions to this rule where the Court finds that governmental interests in disclosure/registration outweigh interference with first amendment rights. The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups.

The right to petition the government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through the courts (litigation) or other governmental action. It works with the right of assembly by allowing people to join together and seek change from the government.)

For the sake of time and space I chose this portion above of an article written by the Cornell Law University, to give a clearer definition of the “Freedom of Speech” which is the First Amendment of the Constitution, which is also part of the Bill of Rights.  The First Amendment also protects us from writing what we believe by the “Freedom of the Press”. 

Now on to another matter, you can sue a person for defamation of character, but the key is if the statement is true or false, which brings me to the point, “What if the solder was right in his statement?”  Here is his statement; “Obama is the economic enemy,” he wrote in the post. “He is the religious enemy … He is the ‘fundamentally change’ America enemy … He IS the Domestic Enemy.” This is what needs to be proven.  In order to prove whether his statement is true or false this could take a long time in court, so by that time the marine would be able to serve out the remainder of his term.  Below is the definition of (defamation of character)

Any intentional false communication, either written or spoken, that harms a person’s reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person”.

Let us not forget that this marine served in a year 2005-2006 in Iraq to give you the freedom to say what you want, and to give us the freedoms we hold so dear

To sum up my story, “Whatever you write on Facebook or any other media, you must be sure you can back it up as truth!  Or you could be slapped by the Muslim brotherhood.  Please don’t let this become Obama-Nation! ” 

WORK CITED:

Definition from Nolo’s Plain-English Law Dictionary  The amendment to the U.S. Constitution that guarantees freedom of religion, freedom of expression (including speech, press, assembly, association, and belief), and freedom to petition the government for a redress of grievances.

First Amendment (Cornell University’s Legal Information Institute)

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:27 pm

US NEWS ON MSNBC.COM

By Terry Board

© Burnett Publishing 2012

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